The 2010 constitution

Under the 2010 constitution, the executive branch is headed by the president, who is the head of state and government and is assisted by the deputy president and the cabinet. The president is elected by direct popular vote and must win more than 50 percent of all votes as well as at least 25 percent of the votes cast in each of more than half of the country’s counties. The president’s term is five years, and there is a limit of two terms.

The 2010 constitution provides for a bicameral parliament, consisting of the 68-member Senate and the 350-member National Assembly. Most Senate members are directly elected by voters in their respective counties, and 20 nonelective seats are filled by nominees from the political parties with an elected presence in the Senate—with the number of nominees selected from a party’s list proportionate to the party’s share of elected seats—to represent special interest groups: 16 seats are reserved for women; 2 are reserved for a male and a female representative of the youth; and 2 are reserved for a male and a female representative of people with disabilities. There is also an ex officio member, the speaker. The majority of National Assembly members are directly elected. There are an additional 47 seats that are reserved for women, each of whom is elected from her respective county; 12 nonelective seats that are filled by nominees from the political parties with an elected presence in the National Assembly, with the number of nominees selected from a party’s list proportionate to the party’s share of elected seats, to represent special interest groups; and an ex officio member, the speaker. Members of both bodies serve five-year terms.

Local government

For administrative purposes, Kenya is divided into 47 counties, which are headed by directly elected governors. Each county has an assembly, which is composed of directly elected members, nonelected members who are selected after being nominated by political parties—their numbers proportionate to each party’s share of elected seats in the assembly—to represent special interest groups and to ensure that no more than two-thirds of the assembly members are of the same gender, and an ex officio speaker. Assembly members serve five-year terms.

Counties were introduced as the units of a new decentralized government structure in the 2010 constitution. The county structure began to be phased in after county governor elections were held in 2013. Kenya was previously divided into eight provinces: Nyanza, Western, Rift Valley, Central, Eastern, North Eastern, Coast, and Nairobi. Under the constitution, the transfer of authority to the county government system was expected to occur within three years of the 2013 elections. A new government body, the Transition Authority, was created and charged with facilitating the process.

Justice

The 2010 constitution provided for the creation of a Supreme Court, which was established in 2011. It has jurisdiction over all electoral disputes and disputes relating to the presidency; it also hears appeals from lower courts. Other courts include the High Court, which has full civil and criminal jurisdiction and rules on constitutional matters, the Kenya Court of Appeal, which hears appeals from lower courts, and magistrates’ courts at local levels. Kenya’s judicial system acknowledges the validity of Islamic law and indigenous African customs in many personal areas such as marriage, divorce, and matters affecting dependents. To that end, the Muslim community uses judicial venues known as Kadhis’ courts to resolve issues concerning Islamic law.

Political process

The Kenya African National Union (KANU) dominated Kenyan politics from its founding in 1960 until the early 21st century. Its early principal opposition, the Kenya African Democratic Union (KADU), merged with KANU in 1964. Since Kenya’s transformation from single-party KANU rule back into a multiparty state in the early 1990s, many political parties have been created and alliances between parties have been formed, often in advance of upcoming elections. Major parties include the Orange Democratic Movement, The National Alliance, United Republican Party, Wiper Democratic Movement, the Forum for the Restoration of Democracy–Kenya, United Democratic Forum Party, and KANU.

In 1997 a woman, representing the Social Democratic Party, ran for president—a first for Kenya—and received almost 8 percent of the vote. However, at the legislative level, women constituted less than 10 percent of the National Assembly in the early 21st century. That changed after the 2010 constitution came into effect, which guaranteed women a certain number of seats in both the Senate and the National Assembly. After the 2013 legislative elections—the first to be held under the terms of the 2010 constitution—women constituted about one-fourth of the Senate and almost one-fifth of the National Assembly. Guaranteed legislative representation of youth, persons with disabilities, and other marginalized groups was also provided for by the constitution.

Security

Kenya’s armed forces consist of air force, navy, and army contingents. Military service is voluntary. Kenyan troops have participated in several United Nations-sponsored peacekeeping missions.

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